“Pure Caucasian Blood”: Libel by Racial Misidentification in American Newspapers (1900–1957)

Abstract

Utilizing critical race theory, we can better understand the role that the American legal system and newspapers played in their efforts to maintain the racial status quo prior to the civil rights movement of the 1960s. At the intersection of race, journalism, and libel law, we see a rich vein of case law spawned from newspapers erroneously identifying white people as black. Such racial misidentification prompted a series of libel suits from 1900 to 1957 before the US Supreme Court placed libel law under First Amendment protection in New York Times v. Sullivan. Jim Crow had long been secure in southern newspapers and some errors in racial identification were inevitable. Before Sullivan, it could indeed be libelous when newspapers falsely identified white people as black.